European Parliament

JURI MEPs
16 April 2015
Subject: Amendments to the draft report on the implementation of the
2001 Copyright Directive
Dear Madam/Sir,
In view of the fast-approaching vote in JURI, we are writing to express our
concern about Ms Reda draft report on the implementation of the 2001/29
Copyright Directive which if not completely amended, would severely weaken
the position of European authors who need to be placed at the heart of the EU
copyright policy. We are also very worried by those additional amendments,
which if adopted would severely harm the cultural sectors which authors
evolve in, by attacking the principle of territoriality and the flexible system of
optional copyright exceptions and limitations.
In particular, we would like to draw your attention to amendments 179, 195 and
196 to paragraph 3 of the Reda draft report proposing to replace the need for
appropriate remuneration for all categories of rightholders by only a fair
compensation. Indeed, fair compensation is a wording used in relation to
exceptions whereas appropriate remuneration is the basis for authors to
exercise and negotiate their rights. These amendments would thus clearly
weaken their remuneration. However, we support AM 194 where the wording
appropriate remuneration is applied and which also emphasizes that the
situation has to improve for authors in the analogue and digital environment.
In addition, we think that amendments which aim to replace the words
authors, and performers by rightholders are misleading and should be
opposed and replaced, where appropriate by authors, performers and other
right holders.
Moreover, remuneration derived from private copying compensation schemes
is vitally important for authors and needs to be preserved, even in the digital
field. As such, amendments 117, 123, 135 and 509 are particularly unhelpful
and should be rejected, whereas amendments 510, 513, 514 and 519 should
be adopted.
We welcome amendment 199 which underlines the need for authors to receive
an appropriate remuneration in the digital environment and in the analogue
world alike as well as amendment 200 which, in addition to paragraph 3 of the
draft Reda report, seek to improve the contractual position of authors.
Finally, there is a major issue that needs to be addressed to ensure future
remuneration of authors in the digital economy: the current transfer of value
taking place on the Internet, to the benefit of online intermediaries and to the
detriment of the cultural and creative sector. Amendments 359, 411, 515, 556
are usefully addressing this issue and should be adopted.
We remain at your disposal should you need any further information or
discussion on these points or any other aspect of authors rights in the context
of this report.

ECSA (the European Composer and Songwriter Alliance) is the European voice of
living music authors and represents over 23,000 professional composers and
songwriters in more than 20 European countries. With 43 member organizations
across Europe, the Alliance speaks for the interests of music writers of art & classical
music (contemporary), film & audiovisual music as well as popular music. More
information at www.composeralliance.org. Follow us on Twitter @Creators2015
EFJ The European Federation of Journalists gathers 58 journalists unions and
associations in Europe representing 320,000 journalists in thirty nine countries. The EFJ
supports its affiliates to foster trade unions and to maintain or create environments in
which quality, journalistic independence, pluralism, public service values and decent
work in the media exist.
EVA EVA represents 24 European collective management organisations for fine arts,
photography, illustration, design and other visual works for close to 100,000 authors.
They manage for authors primary uses, the resale right and they collect and distribute
remuneration rights. For more information: www.evartists.org
EWC Founded in 1977 in Germany and newly constituted in 2006 in Belgium, the
European Writers Council is the federation of 50 national and transnational
organisations of professional writers and literary translators in all genres in 34
countries including the EU as well as Belarus, Iceland, Norway, Switzerland, Turkey
and Montenegro. EWCs members represent 433,000 individual creators, including
more than 150,000 authors in the text-sector.
FERA Founded in 1980, the Federation of European Film Directors represents 37
directors associations from 29 countries. FERA speaks for approximately 20,000
European screen directors, who work in all formats and genres, promoting and
defending their cultural, creative and economic interests both at the European and at the
national level. www.filmdirectors.eu
FSE The Federation of Screenwriters in Europe (FSE) is the voice in Europe for more
than 6,000 professional screenwriters working mainly in the film and television industry.
It is a federation of currently 25 associations, guilds and unions of screenwriters in 20
countries.
GESAC Founded in 1990, the European Grouping of Societies of Authors and
Composers (GESAC) represents 34 of the main copyright management societies
(authors societies) in the European Union, Iceland, Norway and Switzerland,
administering the rights and remuneration of almost 800,000 authors, composers and
writers in a variety of sectors (music, audiovisual, literary and visual and graphic arts)
and music publishers. More information www.authorsocieties.eu and www.gesac.org
SAA The Society of Audiovisual Authors (SAA) is the grouping of European collective
management organisations representing audiovisual authors. Its members (25 societies
in 18 countries) manage the authors rights of over 120,000 film, television and
multimedia screenwriters and directors. More information www.saa-authors.eu Follow us
on Twitter @saabrussels
UNI Global Union Media Entertainment & Arts (UNI MEI) represents 170 national
unions & guilds affiliating more than 375,000 creators, technicians and other workers in
the
media,
entertainment
and
arts
worldwide.
More
information
at
www.uniglobalunion.org/mei